The Geneva Convention Related to the Status of Refugees is the main source of legal protections for refugees.
Population pressure is not just a matter of numbers, but also of rural-urban migration, military and social conflict, under-development, deficient or faltering democratization, and people’s perception that they are not or no longer able to influence their own life-plans. Secondly, the responsibility of individuals who have contributed to or caused flight by their involvement in genocide, war crimes, or crimes against humanity, has been progressively and substantially developed in principle and in the practice Refugee protection is not only about the rules governing the relation between States, but also about how States themselves treat those in search of asylum. In The International Court of Justice has adopted the same reasoning: The rules of treaty interpretation permit recourse to ‘supplementary means of interpretation’ (including the preparatory work, or preparation work was almost invariably confusing, unequal and partial: confusing because it commonly consisted of the summary records of statements made during the process of negotiations, and early statements on the positions of delegations might express the intention of the delegation at that stage, but bear no relation to the ultimate text of the treaty; unequal, because not all delegations spoke on any particular issue; and partial because it excluded the informal meetings between heads of delegations at which final compromises were reached and which were often the most significant feature of any negotiation.Or as the French put it, ‘It was much less hazardous and much more equitable when ascertaining the intention of the parties to rely on what they had agreed in Since the Court is of opinion that Article 3 is in itself sufficiently clear to enable the nature of the decision to be reached by the Council under the terms of that article to be determined, the question does not arise whether consideration of the work done in the preparation of the Treaty of Lausanne (When the Court can give effect to a provision of a treaty by giving to the words used in it their natural and ordinary meaning, it may not interpret the words by seeking to give them some other meaning.For better or worse, refugee status decision-makers (and commentators … ) make frequent use of the The jurisprudence which has developed around the 1951 Convention in many national jurisdictions, while it has often taken the drafting history into account, has also contributed to a theoretical appreciation of the rationale for refugee law; whether the influence is always actually or potentially positive (for refugees), certainly deserves further inquiry, as the example of ‘surrogacy’ or ‘surrogate protection’ may show.Except in situations of complete breakdown of the state apparatus, it should be assumed that the state is capable of protecting a claimant.
Respect for the rule of law and human rights forms the essence of the protection of refugees, returnees and stateless persons. In his recent study of the human rights obligations of non-State actors, Clapham is rightly critical of another recent UK House of Lords’ judgment, Jennings, R. Y., ‘Some International Law Aspects of the Refugee Question’, 20 International Law Commission, ‘International Liability for Injurious Consequences arising out of acts not prohibited by international law’: UN doc.
Refugee law nevertheless remains an incomplete legal regime of protection, imperfectly covering what ought to be a situation of exception. INTERNATIONAL REFUGEE LAW EXAM NOTES: LAWS Topic One: Introduction and Basic Principles.
It is not always clear to what extent law plays a part in Security Council deliberations and practice, and whether principles such as First, the right of refugees and the displaced to return to their homes has been clearly and emphatically affirmed, together with the responsibility of the State of origin to ensure the conditions which will allow such return in freedom and dignity.
The sceptic may consider the ambition entirely quixotic, finding the field of population displacement dominated by narrow national ideologies and the play of market forces. 2006
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